HEATHER HOLLINGSWORTH, Associated Press
KANSAS CITY, Mo. (AP) — The Kansas Supreme Court is again overturning the denial of DNA testing in a second-degree murder case.

The justices ruled Friday that a Wyandotte County judge erred in refusing the testing for Jerome Cheeks. He wants evidence from the scene of the 1992 Kansas City, Kansas, killing tested to support the claim that he wasn’t the one who fatally beat his wife.

In 2013, the justices ruled that a Kansas statute that limits post-conviction DNA analysis to cases involving only first-degree murder or rape is unconstitutional.

Subsequently, a Wyandotte County judge found Cheeks still couldn’t get testing because he had been paroled and didn’t meet the requirement of being “in state custody.” In the latest reversal, the justices said Cheeks was in custody when he filed his original petition.